Gallagher v. Bituminous Fire & Marine Insurance

RODOWSKY, Judge.

This multiple-count, third-party action by a workers’ compensation claimant against the compensation insurer arises out of the latter’s alleged failure timely to pay certain temporary total disability benefits and medical bills. The trial court entered judgment for the insurer on demurrer on the ground that the compensation remedy was exclusive. As hereinafter explained, that holding was too broad. While none of the legal theories stated a cause of action as pleaded in the declaration, one of them, intentional infliction of emotional distress, is not legally precluded by the…